Legal Question in Technology Law in California

Cease and desist for my website

I've been sent a couple of emails, and a letter by certified mail to remove an apparently trademarked name from my site. Here's the thing. That name, in no way appears in the title of the site, or the base URL of the site. It does appear in subpages though and also in the content itself. Nothing is negative or defamatory, but they're saying they can bring action against me in the name of the Lanham Act (Title 15) of the US code.

Here's my thing. I stupidly replied to their first email saying I'd comply. I've since put the content back on the site, and now they're giving me a deadline to take it off. This seems like corporate bullying to me, but I wanted to seek a qualified opinion.

Thank you,

-M


Asked on 4/29/09, 4:13 pm

4 Answers from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Cease and desist for my website

too much information missing here. If you're merely mentioning or discussing a product or brand, the First Amendment protects such speech, however if you're stating that you sell such products, or have some affiliation, or suggesting some kind of endorsement, you MAY be infringing the trademark.

You should NOT rely on information you get on the internet. This can be a big deal.. so either get a lawyer and get some custom-tailored legal advice, or take the reference off the page.

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Answered on 4/29/09, 4:21 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Cease and desist for my website

There is no way to know whether you are violating the trademark without seeing how it is used on your site. You need to hire a competent lawyer to review the site and advise you.

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Answered on 4/29/09, 4:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Cease and desist for my website

Whether it is "corporate bullying" or not would not be an issue in court; the judge would have to decide solely on the basis of whether a violation of the Lanham Act was present.

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Answered on 4/29/09, 5:32 pm
Terry A. Nelson Nelson & Lawless

Re: Cease and desist for my website

Bullying is how trademarks, copyrights and patents are enforced. IF you're in violation, you'll need to comply or get sued. If you're not in violation, so be it, and you can tell them to go pound sand. Just be sure you're right. If you're in SoCal, and you're serious about getting a consultation to review all the facts and issues, feel free to contact me for that.

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Answered on 4/29/09, 6:24 pm


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